Defiant AAP says Kejriwal will remain Delhi CM after HC's observations on absence

The Aam Aadmi Party (AAP) on Monday (April 29) asserted that Arvind Kejriwal will remain the chief minister of Delhi as it downplayed the High Court's observations that no person who holds this post can be incommunicado or absent for an uncertain period.

Addressing a press conference, AAP Rajya Sabha MP Sanjay Singh said that the decision that Kejriwal should continue to be the chief minister even after being jailed was that of the people of Delhi.

“Kejriwal was the chief minister, is the chief minister and will continue to be the chief minister of Delhi,” he said and added that the same High Court has dismissed three PILs demanding the removal of Kejriwal as the chief minister.

The chief minister, who was arrested on March 21, is currently lodged in the Tihar jail in Delhi under judicial custody in a money laundering case linked to the Delhi excise policy.

‘Not a ceremonial post’

The High Court, while dealing with a PIL highlighting the non-supply of educational material and other statutory benefits to students in MCD schools, said that a chief minister’s post in any state, let alone a buzzing capital like Delhi, is not a ceremonial post and the office holder has to be virtually available 24x7 to deal with any crisis or natural disaster.

"National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time. To say that no important decision can be taken during a model code of conduct is a misnomer," a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said.

It also said that Kejriwal's absence cannot allow students to go through the first term without free textbooks, writing material and uniforms in MCD schools.

The same High Court has dismissed three PILs demanding the removal of Kejriwal as chief minister"Expressing my full respect towards the High Court, I want to say that Arvind Kejriwal is a true patriot. Nobody can raise questions on his patriotism. He is a victim of a political conspiracy. He does not have a lust for any post... when the question of values came, he had resigned from chief minister's post within 49 days," Singh said.

The AAP leader said that the work of the people of Delhi won't be affected.

"Arvind Kejriwal is serving the people of Delhi like a true patriot even in jail. It is the decision of the people of Delhi and party MLAs that he should remain CM. The same High Court has dismissed three PILs demanding the removal of Kejriwal as chief minister. The High Court said that he should not resign," he claimed.

‘Kejriwal giving directions’

Singh noted that ministers meet Kejriwal in jail and get directions. "The High Court decision should be looked at from the perspective of the non-formation of the standing committee in MCD due to LG's interference. All works are ongoing and our ministers are solving people's problems," he stressed.

The High Court was dealing with a PIL by NGO Social Jurist, represented by advocate Ashok Agarwal.

The HC noted the students of MCD schools are entitled to free textbooks, writing material and uniforms in accordance with their constitutional and statutory rights, and the schools are going to close for summer vacations shortly.

It directed the MCD Commissioner to incur the expenditure required for fulfilling the obligations forthwith without being constrained by the expenditure limit of Rs 5 crore.

The Enforcement Directorate arrested Kejriwal on March 21, after the Delhi High Court refused to grant him protection from coercive action by the federal anti-money laundering agency.

The High Court had, on April 9, upheld Kejriwal's arrest in the money-laundering case, saying there was no illegality about it and that the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.

(With agency inputs)